Explanation
Background: The City of Columbus, Ohio is the owner of certain real property, along of Dublin Road known as Griggs Reservoir. It has been discovered by the City that a permanent structure (a deck) currently encroaches upon the City's property. The owner of the permanent structure, Marsha Parenteau, Successor Trustee, requested that she be granted an easement in and to the City's property in order to reconcile the encroachment. The Department of Public Utilities, Division of Water and the Department of Recreation and Parks have determined that the granting of an encroachment easement will not adversely affect the City and should be allowed. The encroachment easement will be granted for so long as the land is used for the purposes to be set forth by the City in the Quitclaim Deed of Encroachment Easement. The following ordinance is to authorize the Director of the Department of Public Utilities to execute those documents necessary to grant the aforementioned quitclaim deed.
Fiscal Impact: The $4,000.00 to be received by the City of Columbus, as consideration for the requested easement, is to be deposited in the appropriate City fund by the City Auditor.
Emergency Justification: N/A
Title
To authorize the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks to execute those documents necessary to grant a quitclaim deed of encroachment easement unto Marsha Parenteau, Successor Trustee, into that City property known as Griggs Reservoir.
Body
WHEREAS, the City of Columbus, Ohio is the owner of that real property, in the vicinity of Dublin Road, known as Griggs Reservoir; and
WHEREAS, it was discovered by the City, that a permanent structure (deck) currently encroaches upon the City's property; and
WHEREAS, The owner of the permanent structure, Marsha Parenteau, Successor Trustee, requested that she be granted an easement in and to the City's property in order to reconcile the encroachment; and
WHEREAS, the Department of Public Utilities, Division of Water and Recreation and Parks Department has determined that granting of an encroachment easement will not adversely affect the City and should be allowed; and
WHEREAS, the Real Estate Division, Department of Law, has determined that the value of the encroachment easement to be $4,000.00 dollars and will be in effect for so long as the land is used for the purposes set forth by the City in the Quitclaim Deed of Easement; and
WHEREAS, in the usual daily operation of the Department of Public Utilities, Division of Water and the Department of Recreation and Parks, in that it is necessary to authorize the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks to execute those documents necessary to grant the above referenced quitclaim deed of encroachment easement unto Marsha Parenteau, Successor Trustee; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities, and the Director of the Recreation and Parks Department be and hereby are authorized to execute those documents, prepared by the City Attorney's Office, Department of Law, Real Estate Division, necessary to grant a quitclaim deed of encroachment easement unto Marsha Parenteau, Successor Trustee in and to the following described real property wit:
Situated in the State of Ohio, County of Franklin, Township of Norwich, being in Virginia Military Survey No. 4854 and being a 0.027 acre area of land, more or less, said 0.027 acre area being out of that 2.48 acre tract of land described in the deed to the City of Columbus, of record in Deed Book 314, Page 617, Recorder's Office, Franklin County, Ohio, said 0.027 acre area of land being more particularly described as follows:
Beginning at a monument found in the common line between said Virginia Military Survey No. 4854 and Virginia Military Survey No. 1406 at the southwesterly corner of said 2.48 acre tract, the same being the southeasterly corner of that 1.089 acre tract of land designated as PARCEL ONE TRACT ONE as designated and described in Exhibit "A" in the deed to Marsha K. Parenteau, Trustee of The 4500 Dublin Road Trust, of record in Instrument No. 200702060022555, Recorder's Office, Franklin County, Ohio.
Thence N 32° 17' 22" W, with the southwesterly line of said 2.48 acre tract and with the northeasterly line of said 1.809 acre tract, a distance of 83.16 feet to a point;
Thence N 57° 42' 38" E, a distance of 14.00 feet to a point;
Thence S 32° 17' 22" E, parallel with and 14.00 feet northeasterly from, as measured at right angles, the southwesterly line of said 2.48 acre tract, a distance of 83.16 feet to a point;
Thence S 57° 42' 38" W, a distance of 14.00 feet to the Point Of Beginning, and being a 0.027 acre area of land, more or less.
We hereby state that the foregoing description was prepared from an actual field survey conducted by Bauer, Davidson & Merchant, Inc. in June and July of 2003 and in May of 2008.
The bearings given in the foregoing description are based on the bearing of N 32° 17' 42" W as shown along the southwesterly line of said 2.48 acre tract on Sheet 12 of 21 Sheets of the map prepared for the City of Columbus by R.D. Zande & Associates and on file with the City of Columbus, Ohio.
Bauer, Davidson & Merchant, Inc., Jimmie L. Davis, P.S. No. 6942.
Section 2. That the City Auditor is hereby authorized and directed to deposit the Four Thousand Dollars ($4,000.00), to be received by the City as consideration for the granting of the subject easement, in the appropriate City fund.
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.